Move-Aways: Understanding Parental Relocation
In parental relocation cases, like in most other types of family law matters, there are genuine opposing interests. These situations (also known as “move-away” cases) involve a parent who has custody of the children and wants to relocate with them to another city or state. Usually, it is for a job.
This, of course, affects the rights of the parent who does not have custody yet wants the ability to see their children regularly. Depending on where the custodial parent wants to move, the noncustodial parent may rarely get to see the children.
We’re Here To Help You Navigate Child Relocation Issues
At JC Law, we understand the challenges involved in these cases. Our lawyers are familiar with the nuances of Maryland family law when it comes to custody, including relocation. Whether you are seeking to move or seeking to oppose the other parent’s relocation request, we can help.
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Custodial And Noncustodial Parental Rights
Child custody and visitation may already have been resolved in the settlement agreement or court order. But, that does not mean it cannot change. The trick is in balancing the opposing interests of the parties.
Our attorneys protect the rights of both custodial and noncustodial parents who are interested in maintaining a relationship with their children. We’ve handled thousands of modification requests for clients in Baltimore and throughout Maryland. In all these cases, we have seen the facts and circumstances that give rise to a judge allowing a parent to move – and those in which the judge does not allow the parent to move.
Factors Considered When A Parent Requests A Child Custody Modification For Relocation Or Move-Away
The ultimate standard for relocation is the best interests of the child or children involved. When weighing whether to grant a parental relocation request, courts will examine:
- The reason for the move
- The parental capabilities of both parties
- The child’s relationship with each parent
- The child’s current and proposed environment
- The impact of the move on the non-relocating parent’s ability to see the child
- Any history of neglect, abuse, abandonment or substance abuse
- Any other factors relevant to the child’s best interests
Additionally, the relocating parent must generally make the request at least 90 days before the proposed move.
Out-Of-State And International Moves With Children
Moving overseas with children is a big deal when you have a custody order in place. Without obtaining consent from the other parent and court approval, you could face allegations of child abduction, which has major implications from an international law standpoint. Likewise, moving out of state with the children can also have tremendous legal ramifications. Talk with our lawyers before making substantial steps toward an out-of-state or international move.
Discuss Your Relocation Case With Our Team
Nothing is more important than your kids. No matter which side of the proposed move you’re on, you can turn to us for straightforward guidance backed by extensive experience and in-depth legal knowledge. Get started with a free consultation by calling 888-525-2910 or reaching out to us online.
